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I injured my lower back in 1991 and was awarded lifetime medical benefits for my back. I no longer work for this company. Since then I was involved in a car accident in 1996 and again in 1998 but I never contacted Workmens' Comp. Adm. I was employed by different employers at the time. The accident of 1998 was when I was delivering computer tapes to the warehouse and my employer denied Workmen Comp. was involved. Workers' Comp didn't except the claim to my recallection. To be honest I had forgotten about my previous award of lifetime medical for my back until recently. I have been having leg pain and lower back pain. It is getting so bad I can hardly concentrate at work. I saw my present employer pcp and he prescribed me with antiflamitory and pain medication. It has almost run out. I called workers' Comp. Adm. and received the contact information for the doctors they suggest and have an appointment for Dec. 22, 2004. Is it too late to acivate this under my first workers' comp. claim? What am I entitled to? May I reclaim past benefits that were not provided? Any suggestions?

Thanks in advance,

Waynesboro, Virginia

Asked on 11/16/04, 8:22 pm

1 Answer from Attorneys

If the pain which you're now experiencing derives from accidents in 1998 and 1996 which you were involved in while on the job, you could not now file for benefits as an injured employee must file his workman's compensation claim within two years of the accident.

Whether or not you would now be eligible for an enhanced benefit based upon your first claim because the injurious effects which resulted from the subject accident have been exacerbated by the passage of time and are unrelated to your accidents in 1996 and 1998 is a question which I cannot answer.